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Review Your SQE 1 Practice Records

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Anna, in her will, establishes a trust for fifty years to fund a place at a local private school for one underprivileged child. Ten years after her death, the school closes. Which of the following statements best describes the position?

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The correct answer is D. The doctrine of cy-pres allows charitable gifts that fail to be applied to similar charitable purposes if a general charitable intention is found. In this scenario, since the school has closed, the trust can be redirected to a similar charitable purpose, such as funding a place at a nearby private school, provided a general charitable intention is established. 


Key Point: The cy-pres doctrine ensures that charitable gifts are not wasted and can be redirected to similar charitable purposes when the original purpose cannot be fulfilled, provided a general charitable intention is evident.

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